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Supreme Court of India

BIVASH CHANDRA DEBNATH @ PATAL vs STATE OF WEST BENGAL on 11 May, 2009

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Crl.A. No.-001003-001004 - 2009Official PDFAdvocates SUNIL KUMAR VERMA | TARA CHANDRA SHARMA
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL Nos.1003-1004 OF 2009
[Arising out of SLP(Crl.) Nos.6260-6261 of 2008]
BIVASH CHANDRA DEBNATH @ PATAL & ORS. ... Appellant(s)
Versus
STATE OF WEST BENGAL ... Respondent(s)
O R D E R

Leave granted.

These appeals are directed against an order passed by the Division

Bench of the Calcutta High Court on 9th June, 2008 in CRA. No.235 of 1994, canceling

the bail granted to the appellants during the pendency of the appeal. The only ground

on which the bail was cancelled is that on 9th June, 2008, the appellants went

unrepresented. No other ground has been given for cancelling the bail.

In our view, this order of the Division Bench of the High Court cannot be

sustained since on the date in question, the names of the learned counsel representing

the appellants had not been indicated in the cause list. Furthermore, there is also no

reason given for cancellation of the bail. Accordingly, the said order is set aside, the

order granting bail to the appellants on 26th September, 1994,

is restored.

The appeals are disposed of.

New Delhi, May 11, 2009.